Legal Parameters and Professional Duties ● If duties and practices are NOT listed, then they are out of scope. Risk: Uncertainty of loss. Pure Risk: Only option is to lose (this event will always be bad; e.g., car accident, trauma). ● What this course is focused on. ● Not: Win or lose—speculative (e.g., betting, stock market). Risk Management: Employment of strategies to decrease and control the risk of injury and therefore risk of liability exposure. Assumption of Risk: Knowing that inherent risk exists with participation in an activity and voluntarily deciding to participate anyway. Informed Consent: The process by which a procedure or activity is described to a participant, with an explanation of the inherent risks and benefits involved, allowing the individual to determine if they desire to participate. Liability: A legal responsibility, duty, or obligation: ● Massage professionals have a duty to the clients they serve by virtue of their profession. ● Duty is to act not only when injury occurs but also prevent injury. Professional Liability Insurance: Protects again damages arising from the performance of your professional duty. Commission Omission
● Deliberately overcharging a patient. ● Accidently leaving an extension cord out and a client trips. Criminal Act Civil Act
Deliberate injury : You get angry over a pay dispute and punch another person. Criminal acts may also be open to civil penalties.
Accidental injury: You unwittingly drop oil on the floor and your client slips.
Insurance: A contractual agreement that diversifies risk. Types of Business: ● Employee: per client, W2 income, taxes withheld, less direct liability . ● Contractor: paid on 1099, no taxes withheld, may have liability exposure. ● Owner of LLC: forms a separate “body” and insulates you from the business; business is taxed, then you are taxed. ● Owner of a Subchapter S: Typically allows for greater expansion, more tax implications. Responsibility to Report: Licensees must report: 1. Any complaints or charges filed within 10 days. 2. Any lawsuits filed. 3. Licensee becoming incapable of discharging duty. 4. Employer actions based on client care concerns. 5. Change of employment . 6. Opening of new or changed business address. 7. Change of employees. Contract: A legally binding agreement between two or more parties. Elements of a legal contract: 1. Competent parties: Must be 18 years or older. 2. Mutual consideration: “If you get something, I get something.” 3. Offer/acceptance. 4. Legal purpose.
You did something you weren’t supposed to do.
You failed to do something you should have done.
Product Liability: Sell products while conducting business: ● Massage oils. ● Nutritional supplements. ● TENS unit.
State of New Jersey Requirements: ● Hygiene and infection control. ● Display of license. ● Reporting of sexual misconduct. Medical Massage: BANNED in some states.
● Skin products. Premises Liability: Injury to someone in or on your property: ● A patient falls on driveway, parking lot, parking deck, etc. Standard of Care: What a reasonable and prudent person would do under similar circumstances. A massage professional is expected to act according to their education, level of training, and credential status. Negligence: Failure to act as a reasonable and prudent person would under similar circumstances. Four elements MUST exist: 1. Duty. 2. Breach of duty. 3. Proximate cause. 4. Damages. Statute of Limitations: Number of years beyond which an action cannot be litigated. Tort: A wrongdoing; can be intentional or accidental:
Recite Renewal Procedures and Deadlines: ● 20 hours of continuing education biennially: ○ Largely referred to third parties. ○ 2 hours of ethics. ○ 1 hour of New Jersey law. ○ Limit of 6 hours remote learning. ○ Maintain certificate records for 4 years. ● 10 hours of licenses in the second year (2 hours of ethics) ● Maintain records for 7 years. ● Parent/guardian approval for clients under 18 years old. ● Client confidentiality access to records. New State Requirement Updates: ● AED/CPR can be completed online. ● Massage is a taxable service. ● Suspensions/revocations. Fees:
● Initial license fee: $120.00. ● Application fee: $75.00. ● Renewal fee: $120.00.
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Book Code: MNJ0524
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